An unregistered restrictive covenant against subdivision of land is a caveatable interest in Western Australia. Where a restrictive covenant prohibits subdivision, an absolute caveat may be appropriate because a subject-to-claim caveat would not prevent the subdivision from occurring, leaving the caveator with only a damages claim. A caveat describing the interest as 'as grantee' is defective standing alone but may be cured by reference to an accompanying deed lodged with the caveat. Under s 48 of the Property Law Act 1969 (WA), a restrictive covenant is presumed to bind successors in title, and parol evidence of pre-contractual negotiations is inadmissible to establish a contrary intention where the parties have reduced their agreement to a written deed.
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